Bombay High Court
Akash Vilas ChandaneversusExecutive Engineer NMC Aurangabad Presently known as Nandur Madmeshwar Irrigation Division
- Disposal
- ALLOWED TO BE WITHDRAWN AT ADMISSION STAGE
Holding
The applicant may withdraw 50% of the deposited amount upon furnishing an undertaking and a further 25% upon furnishing a solvent surety, with the remainder to be invested in a nationalized bank.
Summary
The Ex. Engineer NMC Aurangabad (now N.M.I.D. Thr G.M.I.C.) filed a civil application seeking to withdraw the sum it had deposited pursuant to a stay order dated 28 March 2025. The deposit was made by the acquiring body, Sunny Thote, as a condition for the grant of the stay. The court considered the appropriate quantum of withdrawal permissible and the conditions attached to such withdrawal. It held that the applicant could withdraw fifty percent of the deposited amount upon furnishing an undertaking to the Registrar (Judicial). An additional twenty‑five percent could be withdrawn if the applicant provided a solvent surety satisfactory to the Registrar. The balance of the deposit was ordered to be invested in a nationalized bank for an appropriate period, and the application was disposed accordingly.
Issues considered
- What extent of the deposited amount may the applicant withdraw?
- What conditions must the applicant satisfy to withdraw the deposited amount?
Subjects
- civil procedure
- stay order
- deposit withdrawal
- surety
- investment
- nationalized bank
Judgment
2026:BHC-AUG:42585
1 908-FA-2401-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
908 FIRST APPEAL NO. 2401 OF 2026
The Ex. Engineer NMC Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.C., Aurangabad
VERSUS
Akash Vilas Chandane Minor Under Guardian Of Real Mother Sindhubai
And Anr
WITH
CIVIL APPLICATION NO. 5623 OF 2025
IN FA/2401/2026
The Ex. Engineer NMC Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.C., Aurangabad
VERSUS
Akash Vilas Chandane Minor Under Guardian Of Real Mother Sindhubai
And Anr
WITH
CIVIL APPLICATION NO. 10096 OF 2026
IN FA/2401/2026
Akash Vilas Chandane
VERSUS
The Ex. Engineer NMC Aurangabad Presently Know As N.M.I.D. Thr
G.M.I.C., Aurangabad And Anr.
...
Nikhil Pramod Ghanwat, Advocate for the Applicant.
Ms.Vaishali Swami h/f Mr.Mahesh Swami for Respondent No.1.
Ms.Vaishali Chaudhari, AGP for the Respondent/State.
….
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
CIVIL APPLICATION NO. 10096 OF 2026
1. This Civil Application has been filed by the
Applicant/Claimant seeking withdrawal of the amount deposited by the
Sunny Thote
2 908-FA-2401-2026.odt
Appellant/Acquiring Body pursuant to the order dated 28 th March, 2025
passed by this Court, whereby the Acquiring Body was directed to deposit
the entire amount as a condition for grant of stay. In compliance with the
said order, the amount has been deposited by the Acquiring Body. The
Applicant/Claimant, therefore, seeks permission to withdraw the said
amount.
2. The Applicant shall be entitled to withdraw 50% of the
amount deposited upon furnishing an undertaking before the Registrar
(Judicial) of this Court and the Applicant shall also be entitled to
withdraw 25% of the amount upon furnishing solvent surety to the
satisfaction of the Registrar (Judicial) of this Court.
3. Rest of the amount shall be invested in any Nationalized
Bank for an appropriate period.
4. In view thereof, the Civil Application stands disposed of
accordingly.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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